HomeMy WebLinkAboutPD 18-04
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PO 18-04
Date: March 30, 2004
From:
Neil Carroll
Director, Planning & Development
SUBJECT:
City Initiated Applications to Amend the
Pickering Official Plan OPA 02-003/P and
Zoning By-law Amendment Application A 19/02
To Permit Accessory Dwelling Units in Existing Dwelling Units
City of Pickering
Recommendation:
1.
That Council direct staff to schedule and advertise a formal public meeting on the
proposed amendment to the City of Pickering Official Plan and amendments to
the City's zoning by-laws to permit accessory dwelling units in the City of
Pickering.
2.
That following the formal public meeting, staff bring forward a report that
responds to the issues identified at the public meeting on the proposed
amendments to the City of Pickering Official Plan, Zoning By-laws and a
recommendation on a registration by-law all related to accessory dwelling units.
Executive Summary: This report seeks Council's authorization to hold a Statutory
Public Meeting respecting the introduction of an Accessory Dwelling Unit (ADU) within
detached and semi-detached dwellings, provided the dwelling can satisfy certain
performance standards.
Through this review process consideration will be given to the preparation of a
registration by-law which will require that all ADU be registered by the property owners
and satisfy the requirements of the Ontario Fire Code and Ontario Building Code.
Financial Implications: No direct costs to the City will result from the recommendation
to hold a Statutory Public Meeting respecting the introduction of zoning and official plan
provisions to allow an Accessory Dwelling Unit.
Report PO 18-04
Date: March 30, 2004
Subject: Accessory Dwelling Units
Page 2
1.0
Background:
1.1
Previous Activity Respecting Consideration of ADU
Accessory Dwelling Unit (ADU) also referred to, as "basement apartments",
"accessory apartments", or "in-law suites" are self-contained living areas
(apartments) that homeowners create within their house, making it a house with
two residential dwelling units.
A previous public consultation process was undertaken and a formal Statutory Public
Meeting respecting Accessory Dwelling Units (ADU) was held November 21,2002.
Written comments received from three citizens, all expressing opposition to the
proposal to permit ADU in existing dwelling units.
Limited public participation resulted from this previous process. At that time City
staff had not formulated a complete implementation program. Following the
public meeting staff reviewed the details of rezoning to permit ADU and the
implementation of a registry for such units. Several meetings were held with
representatives of Fire Services, Clerk's, Building and Planning & Development
staff to discuss the implications on the City and City staff of permitting ADU within
residential dwellings.
A complete review of the issues was conducted and an implementation program,
including the introduction of a Registry By-law was prepared. The following
Discussion Section briefly outlines the area of discussion that will be addressed
through the Public Information Meeting and circulation of notice of these
applications.
Staff has prepared a Discussion Paper on ADU that outlines the issues identified
and provides staff comments to date. This Discussion Paper on ADU is attached
as Attachment #1 to this report.
2.0
Discussion
2.1
ADU have existed for Numerous Years
ADU have existed in Pickering for numerous years, they have been constructed
in existing dwelling units without the benefit of a building permit or complying with
existing zoning regulations, resulting in the vast majority of accessory dwelling
units being illegal.
ADU are not currently formally tracked or registered in the City, so it is not known
exactly how many dwellings currently contain an ADU. The City is usually made
aware of possible illegal ADU's by complaints from neighbours, inspection of a
property by the Fire Services Division, through the review of building permit plans for
alterations to existing dwellings or through real estate advertisements.
Report PO 18-04
Date: March 30, 2004
Subject: Accessory Dwelling Units
Page 3
2.2
ADU require a total of Three On-Site Parking Spaces
In permitting ADU there is a need to provide additional parking beyond the two
spaces commonly required by existing zoning for residential dwellings.
Additional parking should be provided entirely on the private property on an
appropriate hard surface and should not encroach onto the municipal boulevard.
It is being recommended that a dwelling with an ADU provide a total of three
parking spaces.
2.3
Detached and Semi-detached Units to be permitted an ADU
A residential lot should be of sufficient size to accommodate certain needs of the
residents of both the main dwelling unit and the ADU. This includes a lot that can
provide a dwelling structure that can accommodate the two dwelling units,
appropriate outdoor amenity space and sufficient space to accommodate the
parking requirements. Detached dwelling and semi-detached dwellings have
sufficient lot area to accommodate the minimum spacial requirements for two
dwelling units.
Safety Matters may be addressed through Registration of an ADU
2.4
The vast majority of ADU that currently exist in Pickering were built without a
building permit and therefore without a review or inspection of safety
requirements. These requirements relate to the Ontario Building Code, the
Ontario Fire Code and Electrical Safety Authority. This could result in tenants
living in unsafe and substandard living environments.
All ADU should be inspected to ensure that the minimum standards are complied
with. A registration requirement would enable the City to require that all ADU be
properly inspected and comply with all safety requirements prior to being
registered.
2.5
Property Standards By-law to be Enforced as necessary
Some existing dwellings that have an ADU are not provided with the same level
of up-keep as neighbouring properties. The concerns relate to yard
maintenance, general building maintenance, excessive garbage, parking on the
front lawn and a general lack of pride of ownership. Property standard concerns
are not unique to dwellings that contain an ADU. This issue can occur in any
type of dwelling unit, or any type of ownership.
The City has a property standards by-law and does investigate and enforce the
by-law when complaints are received. It is also recognized that the majority of
dwellings with ADU are maintained in a fashion that is comparable to the other
dwelling units in the neighbourhood.
Report PO 18-04
Date: March 30, 2004
Subject: Accessory Dwelling Units
Page 4
2.6
Existing Servicing/Infrastructure is adequate for ADU
City staff have consulted with other municipalities that allow ADU and they all
advised that their experience is that there was not a significant increase in new
ADU when their municipality permitted ADU as-of-right, but rather an increase in
the known number of ADU as existing ADU could be recognized and registered.
It is understood that existing infrastructure will be able to support the recognition
of ADU's in the City since a considerable number already exist and the current
infrastructure is functioning appropriately.
2.7
Social Benefits are provided by an ADU
ADU may provide homeowners with additional revenue to be put toward the cost of
home ownership or home maintenance. The additional revenue could be
especially beneficial for homeowners living on a fixed income, such as seniors
who desire to remain in their home.
Some ADU are created in order to assist in a family issue where family members
of the property owner live in the ADU to assist in either a financial, medical or
emotional situation of the other family member. ADU provide homeowners with
flexibility as homeowners can adapt their home to best suit their changing
financial, social and space needs; this allows homeowners to add or remove an
accessory dwelling as their needs change.
2.8
Technical requirements for Implementation (Official Plan and Zoning
By-law Amendments and Registration By-law Required)
Official Plan
An Official Plan amendment is required to clarify the calculation of net residential
density. An amendment to the Official Plan is recommended that will enable the
introduction of accessory dwelling units without affecting permitted residential
densities. A copy of the proposed Official Plan amendment is attached as part of
Attachment #1 to this report.
Zoninq Bv-Iaw(s)
A zoning by-law amendment is required to the four (4) parent zoning by-laws in
order to permit ADU.
The proposed amendments would include new definitions and a performance
standard that must be satisfied for a detached dwelling or a semi-detached
dwelling to qualify for an ADU. These would include the requirement to provide a
total of three (3) parking spaces on private property for any dwelling unit that has
an ADU. An example of the proposed zoning by-law amendment is attached as
part of Attachment #1 to this report.
Report PO 18-04
Date: March 30, 2004
Subject: Accessory Dwelling Units
Page 5
Reqistration By-law
The Municipal Act provides municipalities with the ability to require the
registration of ADU on a one-time only basis, including a registration fee. A copy
of the proposed Registration by-law is attached as part of Attachment #1 to this
report.
Registration would entail inspection, thereby assuring the City that existing ADU
conform to the applicable Fire and Building Codes, and allowing residents within
those homes to be potentially safer in threat of fire.
2.9
Enforcement of Zoning and Registration requirements to ensure
compliance
By addressing the issue of ADU the City will be formally taking a position on the
appropriateness of this form of housing.
Should the applications to permit ADU be approved, certain ADU within the City
will not meet the proposed minimum zoning standards that are being proposed.
This will result in increased enforcement that may result in prosecutions and
eviction of tenants.
Should the applications to permit ADU be refused, City action will be required to
investigate and eliminate existing illegal ADU, which could result in significant
prosecutions and/or evictions.
3.0
Net Steps
Statutorv Public Information Meetinq - June 10.2004
A public consultation process, in the form of a formal public meeting, should be
held to consider the recommended amendments to the Official Plan and zoning
by-laws. The proposed registration by-law should also be presented at the public
meeting to allow for public input.
Should Council authorize staff to schedule and advertise a formal Public meeting
on Accessory Dwelling Units, it is proposed that the Statutory Public meeting be
scheduled for Thursday, June 10, 2004. This would be a separate, additional
Public meeting, for this issue only.
Public Meeting Notice to be provided
Notice of the June 10, 2004 Public Information meeting would be provided by:
placing ads in the Community Page Section of the local newspaper (two or
three times)
placing a notice on the City's Web page
Report PO 18-04
Date: March 30, 2004
Subject: Accessory Dwelling Units
Page 6
direct written notice to all individuals that have expressed an interest in the
applications to date;
direct written notice to all agencies and Departments normally advised of a
development application; and
direct written notice to all community associations.
Report to Committee of Council -Implementation if Approved
Following the Public Meeting staff will review all comments received and report
back to Executive Committee / Council in early fall. If the proposed official plan
and rezoning amendment, and the registration by-law are approved by Council, a
public information/ education program will be implemented.
4.0
Attachment
Attached to this report is a Discussion Paper on Accessory Dwelling Units that
contains the comments completed to date for inclusion in the Information Report
to be available for the June 10th Statutory Public meeting.
Prepared By:
Approved / Endorsed By:
R~ð p~
Ross Pym, MCIP, RP ..
Principal Planner - Development Review
c>fNá~a~ .
Lynda 6. Taylor, M~, RPP
Manager, Development Review
RP:jf
Attachment
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering Cit ncil
j
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Attachment # 1 to Report # PD 18-04
Discussion Paper on Accessory Dwelling Units
Table of Contents
1.0 Introduction
2.0 Financial Implications on the City
3.0 Applications to Permit Accessory Dwelling Units
3.1 Previous Resident Comments
3.2 Agency Comments
4.0 Discussion
4.1 Response to Issues Identified
4.1.1 Affordable Housing/Social Benefits
4.1.2 On-Site Parking
4.1.3 Lot Size
4.1.4 Unit Type
4.1.5 Safety of ADU
4.1.6 Property Standards
4.1.7 Servicing and Infrastructure
4.1.8 Property Assessment and Municipal Taxes
5.0 Official Plan Amendment
6.0 Zoning Standards
7.0 Registration
7.1 Registration Overview
7.2 Registration By-law Impacts on City Staffing
7.3 Registration By-law Fees
7.4 Registration Implementation
7.5 Enforcement of ADU
7.6 Draft Registration By-law
8.0 Appropriateness of Planning Act Applications
9.0 Appropriateness of a Registration By-law
10.0 Conclusion
11.0 Appendices
12.0 Attachments
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 1
1.0
Introduction
This Discussion Paper provides Staff Comments prepared to date for inclusion in
the proposed Information Report to be prepared for the June 10, 2004 Statutory
Public Information Meeting for Accessory Dwelling Units in the City of Pickering.
The proposal is to amend the City of Pickering Official Plan and zoning by-laws in
order to permit accessory dwelling units (ADU) in detached dwellings and
semi-detached dwellings provided the dwelling can satisfy certain performance
standards. The Official Plan amendment will provide clarification regarding how
net residential density is calculated when existing dwellings have accessory
dwelling units.
Part of the consideration is that the City investigate the drafting of a registration
by-law which will require that all ADU be registered by the property owners and
satisfy the requirements of the Ontario Fire Code and Ontario Building Code.
2.0
Financial Implications on the City
No direct costs to the City are anticipated as a result of the applications to amend
the Official Plan and zoning by-laws to permit ADU in Pickering.
There will be costs associated with a registration by-law in terms of staff
administration, inspections and enforcement/prosecution of illegal accessory
dwelling units.
There is a proposed registration fee that will help off-set the cost of staff
administration of a registration by-law. It is anticipated that the registration fee
will not cover all costs associated with all aspects of enforcing the registration
by-law.
It is recognized that a registration by-law will increase the workload of various
Departments within the City. This would include Fire Services, Municipal Law
Enforcement Services, Legal Services and Building Services. This increased
workload should not have an impact on the ability of staff to provide the current
level of service with the existing staff compliment.
3.0
Applications to Permit Accessory Dwelling Units
Accessory Dwelling Units (ADU) are also referred to, as "basement apartments",
"accessory apartments", or "in-law suites" are self-contained apartments that
homeowners create within their house, making it a house with two residential
dwelling units.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 2
ADU have existed in Pickering for numerous years, they have been constructed
in existing dwelling units without the benefit of a building permit or complying with
existing zoning regulations, resulting in the vast majority of accessory dwelling
units being illegal. ADU are not currently formally tracked or registered in the
City, so it is not known exactly how many dwellings currently contain a ADU. The
City is made aware of possible illegal ADU by complaints from neighbours,
inspection of properties by the Fire Services Division, through the review of building
permit plans for alterations to existing dwellings or through real estate
advertisements.
The matter of ADU is a complex issue that needs to be addressed in some
fashion. As with any complex issue there are many different viewpoints that
need to be taken into consideration. From a social point of view, ADU provide
the community with a supply of affordable housing without the need for
government subsidizes. From an economic point of view, ADU provide additional
rental income for homeowners. From a sustainability perspective, ADU provide
additional housing intensification that will utilize the existing built form and
infrastructure. From a neighbourhood perspective ADU can be seen as having a
negative impact due to concerns with disruptive tenants, on-street parking
problems, increased neighbourhood traffic and perceptions of decreased
property values. From a municipal perspective ADU have caused an
administration problem. Since most ADU have been built without a building
permit or proper zoning they are illegal. When City staff, particularly
Fire Services, inspect an ADU and require certain improvements, from a life and
safety requirement, a building permit may not be able to be issued as ADU are
not a permitted use. Therefore, a Fire Marshals order must be obtained to rectify
the life and safety issues.
By addressing the issue of ADU the City will be formally taking a position on the
appropriateness of this form of housing. If these applications are approved it
must be realized that certain ADU within the City will not meet the proposed
minimum zoning standards that are being proposed and this will result in
increased enforcement that may result in prosecutions and eviction of tenants. If
these applications are refused, the City should then take appropriate action to
investigate and eliminate all of the existing illegal ADU that staff is aware of
which could result in significant prosecutions and/or evictions.
ADU have become over time an important element in the overall municipal
housing supply. The City of Pickering, along with most other urban municipalities
in Ontario are experiencing a shortage in affordable rental housing. In the past
few years very limited new affordable rental dwelling units have been
constructed. This combined with the overall low rental vacancy rate has resulted
in a shortfall of affordable rental housing. ADU have filled some of the gap in the
shortfall of affordable rental housing.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 3
The issue of ADU is not unique to Pickering, but rather an issue that all
municipalities are dealing with. Certain GT A municipalities have already
addressed the issue and have amended their planning documents to permit
accessory dwelling units in their municipality (Ajax, Oshawa, Clarington,
Newmarket, and Toronto) while other municipalities are currently investigating
the issue (Markham, Burlington and Whitby).
3.1
Previous Resident Comments
These applications were subject to a public consultation process and comments
have been received on the proposed applications. A formal Statutory Public
Meeting on the proposal was held November 21,2002. Written comments have
also been received from three citizens, all expressing opposition to the proposal
to permit ADU in existing dwelling units (see Attachments #1 to #4). Section 4.0
of this Discussion Paper identifies the issues that have been identified and a
response is provided.
3.2
Agency Comments
The Region of Durham has advised that the proposed amendments are in
conformity with the Durham Region Official Plan, there are no concerns from a
servicing perspective and that no provincial interest appears to be affected by the
applications (see Attachment #5).
The Central Lake Ontario Conservation Authority has advised that they have no
concerns with permitting ADU. They have expressed a concern if an existing
dwelling unit is located in hazard lands, then it must be demonstrated that the
hazard could be appropriately addressed to ensure that an increase exposure
will not result (see Attachment #6).
4.0
Discussion
4.1
Response to Issues Identified
4.1.1 Affordable Housing/Social Benefits
The supply of affordable housing is an issue that is facing all municipalities. The
supply of affordable housing is not solely the responsibility of the municipal
governments, but rather an issue that involves all levels of government. The
senior levels of government, being the federal and provincial governments are
responsible for set policies and providing access for funding for the construction
of affordable housing.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 4
The local governments are responsible for implementing housing policies and
creating appropriate local regulations that encourage the private sector to assist
in the creation of affordable housing. One such method is by implementing
Official Plan polices and zoning by-law regulations that permit the creation of
affordable housing within the community. The subject applications propose to
implement existing Official Plan polices that recognizes the City's responsibility to
assist in the development of affordable housing.
Accessory dwelling units were recently brought to City Council's attention in the
report from the Regional Chair's Task Force on Sustainable/Affordable Housing. One
of the recommendations of the Task Force was that area municipalities be
encouraged to amend zoning by-laws to permit accessory apartments as-of-right
in all detached dwellings, subject to Ontario Building and Fire Codes and local
building codes and standards in order to provide additional affordable rental
housing. The need for additional rental housing is indicated in the vacancy rate for
apartments which is approximately 2.3 percent of all rental apartments.
ADU are cost effective as they utilize existing infrastructure and provide an
alternative form of housing that does not require government subsidization. ADU
also provide affordable housing that is integrated into existing neighbourhoods
and not concentrated in one specific area.
There are numerous social and financial impacts to both homeowner and the
community that result from permitting ADU. One of the most important benefits
is an increase in the amount of rental housing, most of which would be classified
as being affordable. ADU can also be a means of introducing social diversity into
a community by integrating another form of housing into traditional low density
neighbourhoods. ADU may provide homeowners with additional revenue to be put
toward the cost of home ownership or home maintenance. The additional revenue
could be especially beneficial for homeowners living on a fixed income, such as
seniors who desire to remain in their home. Some ADU are created in order to
assist in a family issue where family members of the property owner live in the
ADU to assist in either a financial, medical or emotional situation of the other
family member. ADU provide homeowners with flexibility as homeowners can
adapt their home to best suit their changing financial, social and space needs;
this allows homeowners to add or remove an accessory dwelling as their needs
change.
Should Council permit ADU as a permitted use in the City and adopts a
registration by-law, the City will then be in a better position to investigate all
suspected illegal ADU and to require the removal of units that do not meet
minimum municipal standards and that represent a potential danger to their
inhabitants.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 5
4.1.2 On-Site Parking
In permitting ADU there is a need to provide additional parking beyond the two
spaces commonly required by existing zoning for residential dwellings.
Additional parking should be provided entirely on the private property on an
appropriate hard surface and should not encroach onto the municipal boulevard.
It is being recommended that a dwelling with an ADU provide a total of three
parking spaces.
The additional parking requirement of the ADU must be accommodated on
private property without undue negative impact on the streetscape. The parking
demands for the average detached dwelling may be less than the demands for a
detached dwelling with an ADU. The City, through review of curb cut requests,
can control the placement of additional parking spaces. Curb cuts should be
reflective of the size of the lots. Therefore on small lots the curb cut are small
and on large lots the curb cut may be able to be increased.
Curb cuts also impact on the amount of space that is available for on-street
parking as the size of the curb cut has a direct relationship to the amount of curb
space there is available for on-street parking.
4.1.3 Lot Size
In terms of the appropriate lot size that can accommodate an ADU the lot should
be able to accommodate certain needs of the residents of both the main dwelling
unit and the ADU. This includes a lot that can provide a dwelling structure that
can accommodate the two dwelling units, appropriate outdoor amenity space and
sufficient space to accommodate the parking requirements.
4.1.4 Unit Type
Having regard for the minimum lot area requirements, it is concluded that only
traditionally low density housing types such as detached dwelling and
semi-detached dwellings have sufficient lot area to accommodate the minimum
area requirements for two dwelling units. This includes space for an appropriate
size of the original dwelling, an outdoor amenity space that is appropriately
located and the space to meet the parking standards. Almost all freehold
townhouse dwelling units are on lots smaller than lots that contain detached
dwellings and semi-detached dwellings. Therefore for this type of unit to be able
to provide the necessary special requirements for an accessory dwelling unit
would be rare and an exception to the normal standard. Therefore it is
recommended that only detached dwellings and semi-detached dwellings shall
be permitted to have ADU as of right.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 6
Most townhouse developments are already a form of medium density and
permitting ADU in this form of dwelling would have an impact on neighbourhood.
The standards that are being proposed may not be met by all semi-detached
dwellings. These dwellings are the exception to the standard that exists
throughout the municipality and should be provided the opportunity to have an
accessory dwelling unit. And while it is recognized that municipal wide zoning
by-laws are designed for the general circumstance and cannot take into
consideration all possibilities for the entire municipality there is a process in the
Planning Act that allows for the consideration of minor variances to the by-law.
The Committee of Adjustment could consider applications that do not meet the
letter of the by-law but are considered to meet the intent of the by-law while being
considered to be minor variance and appropriate development.
4.1.5 Safety of ADU
The issue of safety of ADU relates to the fact that the vast majority of ADU that
currently exist in Pickering were built without a building permit and therefore
without a review or inspection of safety requirements. These requirements relate
to the Ontario Building Code, the Ontario Fire Code and Electrical Safety
Authority. This could result in tenants living in unsafe and substandard living
environments. All ADU should be inspected to ensure that the minimum
standards are complied with. A registration requirement would enable the City to
require that all ADU be properly inspected and comply with all safety
requirements prior to being registered.
4.1.6 Property Standards
It is recognized that some existing dwellings that have an ADU are not provided
with the same level of up-keep as neighbouring properties. The concerns relate
to yard maintenance, general building maintenance, excessive garbage, parking
on the front lawn and a general lack of pride of ownership. The majority of these
property standard problems relate to ADU where the property owner does not
reside in the dwelling unit. In instances of absentee landlords and property
standard concern this is not a unique issue with dwellings that have ADU, as this
issue can occur in any type of dwelling unit. The City does have a property
standards by-law and does investigate and enforce the by-law when complaints
are received. It is also recognized that the majority of dwellings with ADU are
maintained in a fashion that is comparable to the other dwelling units in the
neighbourhood.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 7
4.1.7 Servicing and Infrastructure
This issue relates to the ability of the existing municipal services and
infrastructure supporting an increase in dwelling units. City staff have consulted
with other municipalities that allow ADU and they all advised that their experience
is that there was not a significant increase in new ADU when their municipality
permitted ADU as-of-right, but rather an increase in the known number of ADU
as existing ADU could be recognized and registered.
Therefore the existing infrastructure will likely be able to support the authorization
of allowing ADU in the City since a considerable number already exist. If over
time ADU are seen to be having an impact on the infrastructure, the design
standards can be updated so that new infrastructure works (both replacement
and new development) will accommodate ADU.
4.1.8 Property Assessment and Municipal Taxes
In reviewing property assessment the determining factor for assessment value is
"finished" floor area. An example is that there is no difference in assessment
values between houses with basements that are finished for personal use and
those basements that are finished in order to provide an accessory dwelling unit
provided the level/degree of "finishing" is the same. However, an accessory
dwelling unit may be created without significant improvements to the existing
dwelling if the entire original dwelling was completed "finished" and only minor
modifications are required in order to create the accessory dwelling unit. The
establishment of most accessory dwelling units does result in improvements to
the original dwelling that will result in an increase in the assessment value of the
property. Since municipal taxes are directly related to property assessment,
should there be an increase in property assessment due to the establishment of
an accessory dwelling unit, the municipal taxes for a property will also increase.
Since the vast majority of existing houses that contain an accessory dwelling unit
were built without obtaining a building permit it can be assumed that the
properties have not been properly assessed and therefore are not being
appropriately taxed given the improvements that may have be done in order to
establish the accessory dwelling unit.
5.0
Official Plan Amendment
An Official Plan amendment is required to clarify density calculation for houses
that have an ADU. Currently the Official Plan defines net residential density as
the total number of dwellings per hectare of net residential site area.
6.0
7.0
7.1
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 8
If this definition were to apply to existing detached dwelling units that have an
ADU within them, the density for any specific property would double which may
result in the specific property having a density greater than the permitted limit in
the Official Plan. ADU are proposed to be permitted only in detached dwellings
and semi-detached dwellings and these type of dwelling units are mostly located
in areas designated as Urban Residential Area-Low Density Area which has a
maximum density of up to and including 30 dwellings per net hectare.
Therefore, an amendment to the Official Plan is recommended that will enable
the introduction of accessory dwelling units without affecting permitted residential
densities or the requirement for further Official Plan amendment.
The proposed amendment is to Section 3.4 (a) that would change the definition
of net residential density so that accessory dwelling units are not considered as
dwelling unit for the purpose of density calculations. A copy of the proposed
Official Plan amendment is attached as Appendix I to this Discussion Paper.
Zoning Standards
A zoning by-law amendment is required to the four (4) parent zoning by-laws in
order to permit ADU. The proposed amendments would include new definitions
and a performance standard that must be satisfied for a detached dwelling or a
semi-detached dwelling to qualify for an ADU. These would include the
requirement to provide a total of three (3) parking spaces on private property for
any dwelling unit that has an ADU. A draft copy of an example of a proposed
zoning by-law amendment is attached as Appendix II to this Discussion Paper.
Registration
Registration Overview
The Municipal Act provides municipalities with the ability to register ADU. In
May 1996, when the Land Use Planning and Protection Act (Bill 20) took effect,
the Act that restored the municipal zoning authority to control where ADU may be
created and the standards that would apply also provided municipalities with the
authority to require the registration of ADU on a one-time only basis, including a
registration fee. A registration system would also constitute an inventory of ADU,
with the requirement for ADU to be registered.
The greatest benefit of a Registration system is that it compels homeowners to
declare the existence of their ADU. Registration would entail inspection, thereby
assuring the City that existing ADU conform to the applicable Fire and Building
Codes, and allowing residents within those homes to be potentially safer in threat
of fire.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 9
A homeowner would apply for registration, and if the ADU complied with all
applicable laws it could become registered. A registry system provides the only
mechanism through which the municipality can require owners to come forward
and have the municipality inspect their ADU for compliance with the applicable
legislation.
Currently, City staff are made aware of ADU when someone complains to by-law
enforcement or through Fire prevention inspection. Tenants may be aware of
deficiencies in their accessory dwelling unit but reluctant to complain for fear they
will be evicted. As a result, there are undoubtedly many ADU that do not meet
minimum health and safety standards. These are the units that need to be
inspected and the units either fixed up to meet the minimum requirements or the
ADU removed from the house.
The establishment of a registration by-law will place the onus on the property
owner of ADU to register their building with the City. Under the enabling
legislation, both dwelling units must be self-contained dwelling units consisting of
their own kitchen and bathroom. The registration does not apply to buildings that
have been converted to contain three or more dwelling units.
A registration by-law shall specify the standards that a house with an ADU must
meet to be eligible for registration. It must comply with the City's by-laws,
(zoning, property standards, and smoke alarm and carbon monoxide detectors)
the Ontario Fire Code and the Ontario Building Code. These requirements
include matters such as, but not limited to, electrical safety, fire separations,
smoke alarms, carbon monoxide detectors, fire exits, any structural changes to
the dwelling units (such as new or enlarged windows), access and egress,
ventilation, heating and parking.
7.2
Registration By-law Impacts on City Staffing
With the adoption of a registration by-law additional responsibilities and workload
will result on certain City staff. It is anticipated that Fire Services Division will
experience the majority of additional workload and will therefore impact on their
allocation of resources. One of the key components of a registration by-law is to
ensure that all ADU meet minimum life and safety requirements. Since most
property owners who apply for registration of their ADU will be for existing ADU
the focus of inspections will be by the Fire Prevention Inspectors. Since
Fire Services will be handling the majority of the inspections it has been
concluded that they would be the administrators of the registration by-law. This
way one department will be responsible for the acceptance of applications,
inspections and approval of ADU.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 10
Fire Services will coordinate with other City department's appropriate inspections
and requirements. Other departments that may experience additional workloads
include: Building Services when there are OBC or building permit issues;
Planning for zoning issues; Municipal Property & Engineering for curb cut
requests and refuse pick-up; Municipal Law Enforcement Services for
enforcement of ADU that do not comply with the zoning by-law of the registration
by-law.
The impacts of a registration by-law are not anticipated to have a significant
impact on the overall operation of different City departments that would result in a
reduction of the level of service provided. Investigations with other municipalities
have indicated that with the adoption of a registration by-law there will not be a
significant number of initial applications to register ADU. It is anticipated that
applications will be submitted on an on-going basis rather than a significant
number of applications being submitted all at one time. It is anticipated that
existing staff will carry out the administration and enforcement of the proposed
registration by-law.
7.3
Registration By-law Fees
Provincial legislation provides municipalities the opportunity to charge a one-time
registration fee for ADU. It is anticipated that the fees municipalities charge be
directly related to the cost of implementing the registration system. There is a
concern, however, that imposing too high a registration fee might discourage
residents from registering second units, thereby defeating the benefits of a
registration system; yet too Iowa fee would not adequately reflect the costs of
implementing the registry and conducting the necessary home inspection(s). It is
also not considered appropriate to have the registration system significantly
subsidized by the general taxpayers when the benefit of the ADU is to the
property owner.
The registration fee of other municipalities vary from small fees that would not
cover staff cost (i.e. Oshawa $100, Clarington $150, Oakville $200) to fees that
are intended to recover all costs (i.e. Brampton $900, East Gwillimbury $1000,
Ottawa $1500).
The registration fee should cover the costs of a typical application. This fee
should include the following cost:
receive and review applications for completeness and that all necessary
information is provided;
research and review property history along with factual information such as
zoning;
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 11
initial inspection of property and dialogue with property owner and recording
of information on the inspection (inspection could be from Fire Prevention
Inspector, Building Inspector and/or By-law Enforcement Inspector for zoning
and property standard);
- follow-up inspection to ensure all deficiencies have been addressed;
preparing final report and issuance of acceptance of the ADU for registration.
It is anticipated that the above typical application would incur a staff cost of
approximately $500. Therefore, it is recommended that the registration fee of
$500 be charged for each application to register an ADU.
As an incentive to register it is being proposed that the registration fee be
reduced to $250 for the first six months after the adoption of the registration
by-law. This initial reduced fee, while not covering all staff cost, is considered
appropriate as it encourages prompt registration by reducing the registration fee.
7.4
Registration Implementation
A registration by-law should identify who the registrar will be. The Fire Chief
should be the official registrar since the by-law is proposed to be administered by
Fire Services. The Fire Chief could delegate the actual administrative duties of
the registrar to other Fire Services staff. Fire Services will receive, circulate and
ultimately register the ADU.
It is anticipated the adoption of the registration by-law will provide a specific date
when the by-law will come into force. This date should be a few months after the
adoption of the registration by-law in order to allow time to disseminate the
information about the requirement to register all ADU. A public information
campaign should be established in order to educate the public about the
requirement to register ADU. This public education process could include ads in
the community page of the local newspaper, information on the City website and
preparation of brochures/information packages. Information packages could be
sent to professionals who deal with property matters in Pickering such as
lawyers, real estate agents, insurance agents, financial institutions and building
contactors to request that they advise their clients to abide by the municipal
by-laws.
The City could also send out letters to all existing dwelling units that are
suspected of having an ADU that advises of the need to register their ADU if in
fact there is one in their dwelling unit.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 12
7.5
Enforcement of ADU
By way of various public notices, property owners will be advised of the
establishment of a required registration system for ADU. They will be advised
that houses with ADU must be registered by a specific time. After that specific
time By-law Enforcement and Fire Prevention staff will begin to actively enforce
the registration by-law. Any property owner who is found to have an ADU and
not registered will be sent a notice to register. Failure to register the ADU may
result in legal action.
The by-law shall make it an offence to operate or permit the occupancy of an
ADU unless the house is registered. The Province Offences Act provides for a
fine of up to $5000 for contravention of such by-laws.
If an ADU is found that does not qualify for registration because it is located in a
building that is not a detached or semi-detached dwelling the property owner will
be required to remove the ADU or make application to amend the zoning by-law
for a site specific zoning by-law amendment. It is noted that only one ADU will
be permitted per dwelling and any additional dwelling units will be required to be
removed. If property owners fail to comply with the zoning by-law or the
registration by-law regarding ADU legal action may result.
7.6
Draft Registration By-law
A copy of the proposed registration by-law, in draft, is attached as Appendix III to
this Discussion Paper.
8.0
Appropriateness of Planning Act Applications
The applications to amend the Official Plan and zoning by-laws to permit ADU in
detached dwellings and semi-detached dwellings will facilitate the recognization
of a housing form that will enhance the City's housing stock.
ADU provide additional housing, including some affordable housing and lead to a
more efficient use of land, infrastructure and housing stock. ADU can also
promote neighbourhood diversity. The principle of permitting ADU as
recommended is considered both sustainable growth and creating a "health
community" as it encompasses objectives for social, environmental and
economic well-being.
Attachment # 1 to Report # PO 18-04
Discussion Paper on Accessory Dwelling Units
City of Pickering
Page 13
9.0
Appropriateness of a Registration By-law
The adoption of a registry system for ADU has a variety of benefits including:
. Placing the onus on the property owners of ADU to register their buildings
with the City, which will ensure that fire safety standards of the Ontario Fire
Code are complied with and ADU are made safe;
. Preparing a data base which clearly indicates where all lawful ADU exist
within the City;
. Providing homeowners with a clear understanding that the ADU occupancy
has been approved by the City and, accordingly, permitting the building to be
marketed in the future as a lawful house with an ADU.
10.0 Conclusion
ADU currently exist throughout the City in most neighbourhoods even though the
existing zoning does not permit them. ADU provide an important component of
the municipal housing inventory. ADU should be recognized and be permitted by
the zoning by-law in detached and semi-detached dwellings. In allowing ADU as
a permitted use they should be regulated to ensure they meet a minimum safety
requirement. To ensure compliance all ADU owners should be required to
register the ADU by the adoption of a registration by-law.
A public consultation process, in the form of a formal public meeting, should be
held to consider the recommended amendments to the Official Plan and zoning
by-laws. The proposed registration by-law should also be presented at the public
meeting to allow for public input.
11.0 Appendices:
Appendix
I
II
III
Recommended Official Plan Amendment
Recommended Zoning By-law Amendment
Recommended Registration By-law
12.0 Attachments:
1.
2.
3.
4.
5.
6.
Resident Comment - B. Emerson
Resident Comment - Pat and Dan Bates
Resident Comment - Pat and Dan Bates
Resident Comment - Dan Bates
Agency Comment - Region of Durham Planning Department
Agency Comment - Central Lake Ontario Conservation Authority
Appendix I to
Discussion Paper on Accessory Dwelling Units
BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT X
TO THE PICKERING OFFICIAL PLAN
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
ORA/:'/
Being a By-law to adopt Amendment >< to the Official Plan for the
City of Pickering. (OPA 02-003/P)
WHEREAS pursuant to the Planning Act, RS.O. 1990, c.p. 13, subsections 17(22) and
21 (1), the Council of the Corporation of the City of Pickering may by by-law adopt
amendments to the Official Plan for the City of Pickering;
AND WHEREAS pursuant to Section 17(10) of the Planning Act, the Minister of
Municipal Affairs and Housing has by order authorized Regional Council to pass a
by-law to exempt proposed area municipal official plan amendments from its approval;
AND WHEREAS on February 23, 2000, Regional council passed By-law 11/2000 which
allows the Region to exempt proposed area municipal official plan amendments from its
approval;
AND WHEREAS the Region has advised that Amendment X to the City of Pickering
Official Plan is exempt from regional approval;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1.
That Amendment X to the Official Plan for the City of Pickering, attached hereto
as Exhibit "A", is hereby adopted;
2.
That the City Clerk is hereby authorized and directed to forward to the
Regional Municipality of Durham the documentation required by Procedure:
Area Municipal Official Plans and Amendments;
3.
This By-law shall come into force and take effect on the day of the final passing
hereof.
BY-LAW read a first, second and third time and finally passed this
,2004.
day of
David Ryan, Mayor ~~
Bruce Taylor, CleO
Exhibit "A" to By-law
AMENDMENT oX:
TO THE
CITY OF PICKERING OFFICIAL PLAN
AMENDMENT X TO THE PICKERING OFFICIAL PLAN
PURPOSE:
The purpose of this Amendment is to change the definition of
net residential density so that accessory dwelling units are
not considered a dwelling unit for the purpose of density
calculations in order to permit an accessory dwelling unit
within certain detached dwellings without affecting the
density of the detached dwellings.
LOCATION:
The Amendment affects all area with the municipality of the
City of Pickering.
BASIS:
The Council of the City of Pickering is satisfied that
accessory dwelling units are appropriate in certain detached
dwellings and this amendment is appropriate as it will permit
accessory dwelling units without changing the density
calculation.
ACTUAL
AMENDMENT:
The Pickering Official Plan is hereby amended by:
Section 3.4(a) is deleted and replaced with the following:
3.4(a)
net residential density as the total number of
dwellings per hectare of net residential site
area, however, accessory dwelling units are not
considered as dwelling units for the purpose of
calculating density;
IMPLEMENTATION:
The provisions set forth in the City of Pickering Official
Plan, as amended, regarding the implementation of the
Plan shall apply in regard to this Amendment.
INTERPRETATION:
The provisions set forth in the City of Pickering Official
Plan, as amended, regarding the interpretation of the
Plan shall apply in regard to this Amendment.
Appendix" to
Discussion Paper on Accessory Dwelling Units
EXAMPLE OF DRAFT ZONING BY-LAW AMENDMENT
TO PERMIT ACCESSORY DWELLING UNITS
Zoning By-law Amendment Application A 19/02
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. ORAFT
Being a By-law to amend Zoning By-law 3036, as amended to
implement the Official Plan of the City of Pickering, Region of Durham.
(A 19/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
permit an accessory dwelling unit in detached and semi-detached dwellings within the
City of Pickering;
AND WHEREAS amendment of By-law 3036 is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1.
TEXT AMENDMENT
(1 )
Section 2, DEFINITIONS, is hereby amended by adding thereto the
following definition:
1.1.1
ACCESSORY DWELLING UNIT
Accessory Dwelling Unit shall mean one self contain dwelling unit
contained within a permitted detached dwelling or semi-detached
dwelling created through converting part of or adding onto an
existing dwelling unit.
(2)
By adding a new Section 5.32 as follows:
5.32
Accessory Dwelling Unit
Notwithstanding any provision in this By-law to the contrary, in
any zone that permits a detached dwelling or a semi-detached
dwelling an accessory dwelling unit is permitted within the
detached dwelling or semi-detached dwelling provided a total of
three (3) parking spaces are provided on the property where the
accessory dwelling unit is located. An accessory dwelling unit is
not permitted within an accessory dwelling that is permitted in
Rural Agricultural Zone.
2.
BY -LAW 3036
By-law 3036, as amended, is hereby further amended only to the extent necessary
to give effect to the provisions of this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law 3036, as amended.
3.
EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the Planning
Act.
BY-LAW read a first, second and third time and finally passed this
,2004.
day of
David Ryan, MaYo~f1
Bruce T aYloA~rt<
Appendix III to
Discussion Paper on Accessory Dwelling Units
DRAFT REGISTRATION BY-LAW
FOR ACCESSORY DWELLING UNITS
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /lllAFT
Being a By-law to establish a system for the registration of accessory
dwelling units in the City of Pickering.
WHEREAS pursuant to Section 167(2) of the Municipal Act, RS.O. 2002, c. M25, as
amended, authorizes municipality, which has the authority to pass by-laws under
Section 34 of the Planning Act may pass by-laws,
(a)
providing for the registration of accessory dwelling units or such classes of them
as may be set out in the By-law and the revocation of registrations; and
(b)
appointing a registrar to register accessory dwelling units in a public register, to
revoke registrations and to perform such other duties related thereto as may be
set out in the By-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1.
DEFINITIONS
In this By-law,
(a)
"accessory dwelling units" means a self contained dwelling unit located
within a detached house, or a semi-detached house.
(b)
"Inspector" means a Building Inspector, Municipal Law Enforcement
Officer or Fire Inspector appointed by the City of Pickering
(c)
"owner" shall mean the registered owner of the land on which the
accessory dwelling unit is situated;
(d)
(e)
"Registrar" shall mean the Fire Chief of the City of Pickering;
"residential unit" means a unit that
(i)
consists of a self-contained set of rooms located in a building or
structure,
(ii)
(iii)
is used as a residential premises,
contains kitchen and bathroom facilities that are used only by the
occupants of the unit,
2.
PROHIBITION
(iv)
is used as a single housekeeping unit, which includes a unit in
which no occupant has exclusive possession of any part of the unit,
and
(v)
has a means of egress to the outside of the building or structure in
which it is located, which may be a means of egress through
another residential unit;
No person shall operate or permit the occupancy of an accessory dwelling unit
unless the owner obtains registration of the house as required by this By-law.
3.
REGISTRATION APPLICATIONS
(a)
To obtain registration, the owner shall:
(i)
(ii)
(iii)
(iv)
(b)
submit a completed application on a form provided by the City of
Pickering;
pay the prescribed fee in the amount set out in schedule "A" to this
by-law;
arrange for an inspection of both residential units by an Inspector,
and demonstrate compliance with all relevant standards set out in
the Ontario Fire Code, as amended from time to time; and
provide bona-fide evidence that the use of the house for the
purposes of more than one residential unit meets the applicable
zoning provisions, or are exempt from such provisions under the
terms of the Land Use Planning and Protection Act, 1996.
A house which has received approval for an accessory dwelling unit
through the issuance of a building permit or change of use permit under
the Building Code Act, is exempt from the requirements of (a)(iii) and (iv)
of this section where such permit explicitly authorized such use and
satisfactory final inspections have been completed.
(c)
The Registrar shall issue a registration certificate for an accessory
dwelling unit where the requirements of this section have been complied
with, except where the house proposed for registration does not comply
with this By-law or any other applicable law, as determined by the
Registrar.
4.
DRAFT
REVOCATION OF REGISTRATION
(a)
The Registrar may revoke the registration of an accessory dwelling unit
which, at any time after registration, ceases to meet the requirements set
out in this By-law or where the Registrar determines that the registration
certificate was issued based on false or misleading information.
(b)
Where the Registrar revokes the registration of accessory dwelling unit,
notice stating the reason for the revocation shall be given to the owner of
the accessory dwelling unit by regular mail.
5.
ADMINISTRATION OF THIS BY-LAW
6.
The Registrar may designate such persons as are necessary to administer this
By-law.
OFFENCES AND PENALTIES
A person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act.
BY-LAW read a first, second and third time and finally passed this
,2004.
day of
Bruce Taylor, Clerk
Schedule "A" to By-law Number. XXXX-04
Registration Fee of Accessory Dwelling Units:
Prior to December 31,2004
After January 1 . 2005
$250.00
$500.00
Attachment # 1
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Attachment # 2.
Principal Planner - Development Review, Mr. Ross Pym
City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
LlV 6K7
Mr. & Mrs. Bates
1625 McBrady Crescent
Pickering, Ontario
Canada
LlX 2B7
November 28, 2002
email rpym@city.pickering.on.ca
Telephone (905) 420-4611
Fax (905) 420-9685
email pmbates@rogers.com
Telephone (905) 428-0056
FAX (905) 686-8912
Re: Official Plan Amendment Application OPAO2-003/P & Zoning Amendment Application - A19/02
Dear Mr. Pym,
Weare writing to indicate that we are opposed to the proposal to amend the City Of Pickering Official Plan
and zoning by-law to permit accessory dwelling units in certain types of existing dwelling units throughout
all lands within the City of Pickering.
Some of our concerns with them have been expressed in the attached letter to Mr. Taylor.
Our main reason to keep them illegal is so that something can be done about the ones that create problems.
We would like the opportunity to express our opposing viewpoint with respect to Information Report No.
31-02, but given such sort notice, and this extremely busy time of year, we will follow up with our other
questions, concerns, and alternate solutions at a later date.
We feel that the notice of such an amendment has not been properly delivered to the homeowners that this
amendment will affect. We understand that the notice of the public meeting on November 21,2002
appeared only in the News Advertiser in the Community Section twice, on October 23 and November 6.
We were aware of the meeting only because we were told of it when we were attending another zoning
application meeting on the same date. There were only 2 other residents that spoke during the meeting. We
think they were residents that received notification because they belonged to a Rate Payers Association.
Rate Payer Associations were the only homeowners that received a personal invitation. The other
invitations were wasted on businesses and agencies that the application does not affect. Our understanding
is that Rate Payers Associations were created to deal with a specific community issue in the past and that
they are usually made up of only a handful of people, so they would not truly represent their community on
this amendment issue. As there are only about 18 Rate Payers Associations, and they do not exist for all
areas of Pickering, and the ones that exist do not cover all of Pickering, this means that about 90 residents
of a population of 90,000 people were represented. That's only 0.1 % representation! How can you make a
fair decision with so little input?
We do not buy the argument that it was too costly to personally notify homeowners. If the City can afford
to spend money on election signs why can't they put up some sort of rezoning signs at the entrances to the
neighbourhoods this would affect?
The Pickering Council provided direction to staff on June 6, 2002 to host a Public Information Meeting.
They had ample opportunity to inform residents of the City's intentions at practically no cost via mail. A
notice could have been included with property tax notification, or better yet, with the homeowner
assessments as they are received by all homeowners. Including it with the assessments would have enabled
notice to have easily been sent to only homes that are classed as the possible subject dwellings.
Pickering Council considered a Planning & Development report (PD Report No. 25-02) respecting
accessory dwelling units in housing on June 6, 2002. We have not even seen this report. Why did it take 5
Attachment # 2.
months to "notify" the public and then give them only 1 week after the November 21 st meeting to respond
to a meeting whose minutes are not even available on the deadline date?
There are many reasons why we feel the results of the amendment "circulation" produced no comments:
1.
Two notices buried in a community newspaper are not adequate especially since everyone does not
receive it. People expect to find zoning amendments that affect their area posted on a large sign in the
subject area. They expect written notification mailed to their home when the affected area is within a
couple of hundred metres. They are not looking through the newspaper or the city's web site for this
information.
2.
Not everyone gets or reads the newspaper, nor does everyone have access to the Internet.
3.
While investigating this issue, I searched the City of Pickering's web site for a copy of the Information
Report No. 31-02. I didn't find it but I was surprised to find a copy of the Notice of the Public Meeting
dated October 30, 2002, which was signed by Bruce Taylor. It has the specific contact names,
telephone numbers, addresses, and the deadline date for submissions, all of which were missing from
the Information Report. I would never have thought to look at it if! didn't already know it affected me.
The fact that the notice exists gives a person the impression that it would have been mailed to those it
affected, and since they didn't receive one, it must not affect them. That is extremely deceiving.
4.
Like us, most people are not familiar with the amendment process and even if they saw the Newspaper
article, they may not have understood it. When I spoke to City Planning staff, I was told that the City
was going to legalize apartments in February or March because Pickering was one of the only
municipalities that didn't allow them. Why would they give me the impression that it was a done deal
when in fact the Information Report shows that the majority of municipalities still consider them to be
illegal? We had no idea that we had any say in the matter.
5. Not everyone even realizes that basement apartment are illegal. We have received conflicting
information from City Planning staff regarding this issue. Unenforced by-laws compound this belief.
All these are other possible reasons why no one responded to the "circulation".
6.
No one I talked to knew about the Public Meeting and are just as shocked as I am by my summation of
Information Report 31-02. They have not been able to read the report because I couldn't find any extra
copies of it when I attended the meeting. Considering the notice was supposedly expected to be seen
by all residents of Pickering and there were only a few people at the meeting, why weren't there plenty
of extra copies? Why does a person have to already know about the report and then put in so much
effort to get it in order to read it? Even though not everyone has access to the Internet, the City could
have at least posted it on their web site if they actually wanted people's input.
7.
People are too busy to attend meetings. They are also reluctant to do so if they are given the impression
that their appearance will have little or no effect.
Every single homeowner I spoke to said that they would have flipped if they thought that their
neighbourhood homes could be converted into multiple dwelling units. Ifrezoning signs were erected they
certainly would have responded to voice their negative opinion to the proposed amendment. This is because
they bought into a single unit dwelling area and expect it to stay that way, not to have it converted to
multiple dwellings as a means to resolve the affordable housing issue. They, like myself, would like to slow
down urban sprawl and see an adequate supply of affordable housing but the attitude is "not in my
neighbourhood". It is one thing to change the zoning plans of open space, but when housing already exists
that is zoned one way and then rezoned pretty much from one extreme to another, that is shocking and
totally unfair.
If it is an issue of affordable housing then all residents should be given he opportunity to voice their
opinion. A person living in an illegal apartment wouldn't have been delivered the newspaper, so how were
they supposed to find out about the meeting? Maybe renters would prefer to live in regulated,
Attachment # 2
soundproofed, dwellings in apartment buildings with proper parking and outdoor facilities if that option
was available.
Thorough research should be done before the zoning is amendment is considered in order to avoid
mistakes. A review of unbiased pros and cons of the policies adopted by other municipalities needs to be
addressed.
We request that any further follow through with this amendment should be stopped until more feedback is
received from residents. An alternate response deadline date must be posted for more feedback to occur.
Please send us an electronic copy of the reports: Information Report No. 31-02, IDT Report No. 1/97, and
PD Report No. 25-02.
Sincerely,
Pat (& Dan) Bates
cc. Mayor Wayne Arthurs, mayor@city.pickering.on.ca
Regional Ward 1 Councilor Maurice Brenner, mbrenner(iV,city.pickering.on.ca
Regional Ward 2 Councilor Mark Holland, markholland2@sympatico.ca
Regional Ward 3 Councilor Rick Johnson, riohnson@city.pickering.on.ca
Ward 1 Councilor Dave Ryan, drvan(iù,city.pickering.on.ca
Ward 2 Councilor Bill Mclean, bmclean@city.pickering.on.ca
Ward 3 Councilor David Pickles, dpickles@city.pickering.on.ca
Bruce Taylor, City Clerk, rtaylor@citv.pickering.on.ca
Attachment #
3
Principal Planner - Development Review, Mr. Ross Pym
City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
LlV 6K7
Mr. & Mrs. Bates
1625 McBrady Crescent
Pickering, Ontario
Canada
LlX 2B7
November 28,2002
email rpym@city.pickering.on.ca
Telephone (905) 420-4611
Fax (905) 420-9685
email pmbates@rogers.com
Telephone (905) 428-0056
FAX (905) 686-8912
Re: Understanding roles of Pickering, Region and Province with respect to Housing in Pickering
Dear Mr. Pym,
Weare writing to request information to help gain an understanding of what the roles of Pickering, Durham
Region and the Province of Ontario are with respect to housing. Weare trying to properly interpret various
City of Pickering Reports and related proposed Official Plan and Zoning By-Law changes so that we can
fully understand the purposes and reasons why the City is proposing those changes.
Could you please provide an explanation/outline of what the mandated role and authority is for each of the
3 levels of government with respect to affordable housing, rental housing, and secondary dwelling units in
main residential dwellings in the City of Pickering.
Sincerely,
Pat (& Dan) Bates
cc. Ward 3 Councilor David Pickles, dpickles@city.pickering.on.ca
Attachment #
4
Principal Planner - Development Review, Mr. Ross Pym
City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
LlV 6K7
Mr. Dan Bates
1625 McBrady Crescent
Pickering, Ontario
Canada
LlX 2B7
December 3, 2002
email rpym@city.pickering.on.ca
Telephone (905) 420-4611
Fax (905) 420-9685
email pmbates@rogers.com
Telephone (905) 428-0056
FAX (905) 686-8912
Re: Official Plan Amendment Application OPAO2-003/P & Zoning Amendment Application - A19/02
Dear Mr. Pym,
I am writing to request a correction to the minutes from the Statutory Public Information Meeting of
Thursday, November 21, 2002. With respect to item IV) CITY-INITIATED APPLICATIONS TO AMEND
THE PICKERING OFFICIAL PLAN (FILE: OPA 02-003/P) AND ZONING BY-LAWS (FILE:A 19/02) TO
PERMIT ACCESSORY DWELLING UNITS IN EXISTING DWELLING UNITS, the bullet point "2." for my
comments does not reflect what I felt I said at the meeting.
I believe part of the confusion stems from the fact I was not properly prepared to speak to this topic since I
only become aware of this item at the time of the meeting since I was attending another zoning application
that was a previous item on the agenda.
I would like the minutes corrected to clearly state that I am opposed to the above noted applications.
I did state I believe in the concept of creating and maintaining a registry. My support of the concept is on
the basis that some type of formal "database" would provide more accurate information to support and
enable continuous (versus on a complaint-basis only) enforcement of the City's existing By-Laws against
those accessory dwelling units that are illegal; and also to ensure those "handful" of permitted accessory
dwelling units are frequently checked by various safety agencies (e.g. Fire Department) to ensure they
continue to comply with regulations. I also suggested that the density information put in various City
reports most likely does not take in account the true reality of existing illegal units - this suggests that City
Council is making decisions based on inaccurate information. Again, I want to ensure that it is clear that
I do not agree with the proposed amendments put forth in the City Initiated Applications; I just like
the idea that the City has accurate information before it makes decisions.
I also stated I could understand why some residents would like have to enough finished space in their
residence to care of elderly or sick relatives. I was expressing empathy towards people who may have
genuine humanitarian interests versus those just looking for extra income from rent. However; I did not
intend that comment to be interpreted as my agreeing with the City Initiated Applications - I don't
agree.
I did state that the earlier process I was part of in the evening (i.e. the existing process) for proposed
zoning amendments for additional dwelling units seems to work since you are getting feedback from those
directly involved rather than making decisions citizens don't necessarily agree with. I don't recall saying
"neighborhood groups" in the context of "associations". My intent was that anyone affected in the area
should be allowed to have their say and a right to prevent a zoning amendment - as is now the case. My
point was against the proposed application since it eliminates the process whereby homeowners have to
get approval via an individual zoning amendment application.
I also made the comment that perhaps part of the reason there isn't enough affordable housing in Pickering
is because residential homeowners have an unfair advantage over a business since the residential
Attachment # 4-
homeowner doesn't have to pay the same permit fees, taxes, local improvements, business tax, etc. etc. that
a business does. I was trying to make a point a2:ainst allowing additional dwelling units since the City's
proposal would only add even more roadblocks to any business considering constructing affordable
housing in Pickering. If the City is trying to encourage more affordable housing then perhaps it should do
something to encourage rather than discourage businesses from providing affordable housing!
I trust I've clarified my comments and that it is 100% clear I am opposed to the proposed applications to
amend the Official Plan and Zoning By-Laws. Please make the necessary adjustments to the minutes.
Also, I would like to repeat the previous request from my wife I to please send us an electronic copy of the
reports: Infonnation Report No. 31-02, IDT Report No. 1/97, andPD Report No. 25-02.
Sincerely,
Dan Bates
cc. Bruce Taylor, City Clerk, btavlor(@,citv.pickering.on.ca
Ward 3 Councilor David Pickles, dpicJdes@city.pickering.on.ca
Debbie Kearns, Committee Coordinator, dkeams(@,citv.pickering.on.ca
The Regional
Municipality
of Durham
Planning
Department
1615 DUNDAS ST..E. .
4TH FLOOR, LANG TOWER
WEST BUILDING
P.O. BOX 623 .
WHITBy' ON L 1N 6A3
(905) 728-7731
FAX: (905) 436-6612 "
www.region.durham.on.ca
A.L. Georgieff, MÇIP, RPP
'".:ommissioner of Planning
"Attachment #" S
December 20,2002
, "".
Ross Pym, Princip~1 Planner "
Planning & Developme"nt Department'"
One the Esplanade
PiCkering, Ontario.
L 1V6K7 "
n ."
f ;¡"
~- '"
'Dear Mr. Pym:
Re:
Official Plan Amendment ApplicationOPA 2002-003/P and.
Zoning Amendment Application A 19/02 ,"
Applicant City of Pickering "
Location: '. All Lands within the City of Pickering
Municipality: City of Pickering "
We have reviewed this application and the following comments are
offered with respect to compliance with the Durham Regional Official
Plan, servicing, and the delegated provincial plan review responsibilities.
The purpose of the applications is to consider amendments to both the.
City of Pickering Official Plan and the City's zoningby'"lawsto permit.
accessory dwelling units in certain types of existing dwelling units.
These applications cover all lands within the City of Pickering..' .
Durham Regional Official Plan
. " .
Th~ Durhám RegionalOfficial Plan encourages a wide variety of housing
by type, size, and tenure: Policy 4.3.3 indicates that Regional Council .
shall support opportunities to increase the supply of housing through
" intensification, taking into account the adequacy of municipal services"
and the physical potential of the housing stock. Housing intensification"
shall include, but not be limited to., the conversion of single detached
dwellings Into multiple residential units. The proposed amendment is in
conformity with the policies of the Durham Regional Official Plan.
, Servicing
The majority of dwelling LJnits located within the urban area of the City' of
Pickering are connected to municipal water and sanitary sewer services.
Therefore, in general there are no concerns with the proposal from an
urban serviCing perspective.
Similarly, .there are no concerns with the proposal for dWellings located in
the rural area Qf the City of Pickering. At the time of a submission for a
"SERVICE EXCELLENCE'
jdfqJ!,tTOMMUNITY" $
100% Post Consumer
Page 2
building permit to construct a second dwelling unit the property owner will
. have to demonstrate private servicing can be achieved on-site, which.
meets current G.B.C. requirements, the Regional lot sizing policy and
other pertinent legislation/guidelines. .
Provincial Plan Review Responsibilities
No provincial interests appear to be affected by this.application.
This application is c.onsidered to have no significant Regional or
Provincial concerns. In accordanc~ with Regional By-law 11-2000, this
, application is exempt from Regional approval. .
PÎeasß 'advise the Commissioner of Planning of your Council's decision;
If Col:lncil adopts an Amendment, please forward a record to this
Departmentwithin 15 days of the date of adoption. The record should
include the following: '
. Two (2) copies of the adopted amendment;
. A copy of the adopting by-law; and
. A copy of the staff report and any relevant materials.
,If you have any questions or require additional information, please call
me. .
Yours truly,
l,.', . 'L", "(".
L..A./f" '
Kai Yew, anager
Current Operations Branch'
cc. Rob Roy, Durham Region Works Department
Karl Kiproff, Durhar:n Region Health Department
A:\training\rdlzoning\pickering a19-02&opaO2-003,doc
Central
Lake Ontario
Conservation
Attachment #
,
100 Whiting Avenue
Oshawa, Ontario
L 1 H 3T3
Tel: (905) 579-0411
Fax: (905) 579-0994
lF~
Web: www.cloca.com
Email: mail@cloca.com
November 21, 2002
0 ~(Ç;~D\Yl~rm
NO V 2 5 2002 IJ))
ITV OF PICKERfNG
PIOKERING. ONTARIO
City of Pickering
Planning Department
One the Esplanade
Pickering, ON L1 V 5K7
Attention:
Mr. R. Pym
Dear Sir:
Subject:
Official Plan Amendment and Zoning By-law Amendment Applications
OP A02-003/P & A 19/02
City of Pickering
Authority File No.: OPA02-003/P - CLOCA IMS File No.: POFG540
Purpose of Applications:
To permit accessory dwelling units in certain types of existing dwelling units City-wide.
Authority staff has reviewed the subject applications, and in general does not have any concerns
with the type of dwelling that would be permitted to include an accessory dwelling unit. What we
would be concerned with however is the location of the existing dwelling.
Dwellings that are currently located within an area of hazard land should generally NOT be
permitted to create accessory dwelling units therein. Unless demonstrated to the satisfaction of the
respective Conservation Authority that the hazard could be appropriately addressed, and that the
creation of another dwelling unit would not increase exposure of additional persons or property to
damages, all types of existing dwellings within hazard lands should be prohibited from creating
additional dwelling units.
Thank you for the opportunity to comment on these applications.
regarding these comments, please contact the undersigned.
If you have any questions
Yours truly,
ÇIJ~
Ted Aikins
Planner
T A/kIt
cc R. White, Toronto Region Conservation Authority
g: \planning\planning\comments\opaO2-003 pickering
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